The practice of gambling in 2023
Bills proposing the closure of traditional gambling in Romania
Article from the series “Gambling Practice“, by Anchidim Zăgrean, FedBet Vice President and President of ROMBET
continuation of the previous article
II. It were sent by the Senate to the Chamber of Deputies, the decision-making chamber, for debate
1. PL-x 166/2023, received from the Senate, where it was submitted and supported by parliamentarians of the PSD, PNL and USR parliamentary groups under number L 859/2022. The draft law, adopted in the Senate, entered the debate in the Chamber of Deputies in emergency procedure and has the following provisions, as passed by the Senate: when applying for the operating permit, the organizer is obliged to prove that the proposed space is not located within or within a 300-meter pedestrian radius of educational units and institutions, including their related campuses, of playgrounds for children defined as any space closed or outdoors intended for use by children, credit institutions or non-banking financial institutions, cultural, health, social, religious cults and similar establishments or in the delimited perimeter intended for them; it is forbidden to carry out gambling in spaces that, due to their location, would lead to the obstruction of traffic or to the limitation of free access to other locations of interest (entrances to buildings, pedestrian passages, public transport stations, etc.); exceptionally, the organization of gambling is allowed in cinemas, performance halls, sports halls, cultural centers and others of this kind, provided that the following conditions are cumulatively ensured: separate access for players, that they are not disturbed in any way like the other activities and the access of minors can be totally restricted; It is prohibited to carry out gambling by slot-machine type games by legal entities that, on the date of entry into force of this law, do not have at their corporate or secondary headquarters authorized gambling and betting activities, CAEN class 9200, with obligation to comply within one year. The government has sent that it does not support the adoption of this draft law. Opinions are requested from: a) the Commission for human rights, religions and national minority issues, the only commission that approved this draft law; b) Commission for public administration and territorial development; c) Commission for entrepreneurship and tourism. A report is also requested from: a) the Commission for economic policy, reform and privatization; b) Commission for budget, finance and banks; c) Commission for industries and services; d) Education Commission; e) Commission for culture, arts, mass media; f) Legal, disciplinary and immunities commission. The deadline for submitting the report was 04/05/2023.
2. PL-x 135/2023 received from the Senate, where it was submitted and supported by MPs of the PSD, PNL and USR parliamentary groups under number L 37/2023. The draft law, adopted in the Senate, has the following provisions: 1. With reference to the completion of art. 29 of the Audiovisual Law no. 504/2002: Audiovisual commercial communication for gambling activities, regulated according to art. 10, para. (1) of the Government Emergency Ordinance no. 77/2009 regarding the organization and operation of gambling, is prohibited between 06:00 and 23:00. Any form of audiovisual commercial communication for gambling activities, regulated according to art. 10, para. (1) of the Government Emergency Ordinance no. 77/2009, carried out by unlicensed operators according to the applicable law. Any form of audiovisual commercial communication for gambling activities, regulated according to art. 10 para. (1) from the Government Emergency Ordinance no. 77/2009, presented or recommended by personalities of public, cultural, scientific, sporting life or other persons, who, due to their celebrity, can encourage gambling and sports betting activities. As an exception, graphic inserts are allowed, i.e. the representation, static or moving, with or without sound, of the brand, as defined by law, of the logo or other symbol that identifies the owner of the brand, logo or symbol or the image of a product representative of it, if they are performed during live sports broadcasts. In any case, these graphic inserts will be accompanied by the message “Be responsible”. Any form of commercial communication will be carried out in compliance with the provisions of Law no. 148/2000 on advertising, with subsequent amendments and additions; 2. Regarding the completion of Law no. 148/2000 on advertising: Advertising that favors the emergence and installation of gambling addiction is prohibited; Advertising for gambling, regulated according to art. 10, para. (1) of the Government’s Emergency Ordinance no. 77/2009 regarding the organization and operation of gambling, is not allowed in the conditions where: a) it is not accompanied by the message “Be responsible” and does not mention the prohibition of participation in gambling of persons under 18 years of age; b) may directly or indirectly encourage minors and teenagers to participate in gambling. Broadcasting of advertising for gambling in audiovisual programs is carried out according to the provisions of the Audiovisual Law no. 504/2002, with subsequent amendments and additions. Forms of outdoor advertising are permitted if the dimensions of the advertising materials do not exceed, individually, for an advertising material related to a single licensed gaming operator, a total area of 30 square meters. It is forbidden to promote prizes in money or material goods through forms of external advertising. For the purposes of this law, forms of outdoor advertising mean elements such as billboards or advertising structures that are placed in public areas, including on various constructions or buildings. Monitoring compliance with the above provisions is assigned to the National Gambling Office. Violation of the provisions provided for in Law 148/2000 is sanctioned with a fine from 10,000 lei to 50,000 lei and these contraventions are detected and sanctioned, upon notification of the injured persons or consumer associations or ex officio, by the authorized representatives of the National Gambling Office. Opinions are requested from: a) the Commission for human rights, religions and the problems of national minorities, the commission that approved this draft law; b) Commission for public administration and territorial development, the commission that approved the draft law; c) Commission for entrepreneurship and tourism. A report is also requested from: a) the Commission for economic policy, reform and privatization; b) Commission for budget, finance and banks; c) Commission for industries and services; d) Commission for culture, arts, mass media; e) Legal, disciplinary and immunities commission. The exceeded deadline for submitting the report was 28.03.2023 and from the Government of Romania, no point of view was attached with reference to this draft law.
3. PL- x 197/2023 received from the Senate, where it was submitted and supported by parliamentarians of the USR parliamentary groups and one from the PNL under number L 50/2023. The draft law entered the debate in the Chamber of Deputies, in an emergency procedure, after it was rejected in the Senate and has the following provisions, according to the initiators: Advertising and street advertising or any other marketing activities for gambling in open public spaces, on billboards, buildings, canopies or any other types of display, are prohibited. Advertising by sending unsolicited electronic messages containing information about a gambling to an unlimited number of people is also prohibited. Public open space, according to this emergency ordinance, means any open air place that, by its nature or destination, is accessible to the public. Advertising and publicity for gambling authorized on the national territory will be done in compliance with the principles provided. The series and number of the organization license held by the gambling organizer shall be posted in a visible place on the promotional materials. In the sense of this article, the actions carried out by the organizers directly in the locations and on their own websites are not considered actions for the purpose of advertising, publicity or of a promotional nature. Contracts with the object of promoting gambling brands, platforms, applications or activities through a television service, as well as any act that changes the value of the contract, will be communicated to the National Gambling Office by the gambling organizer in term of 5 working days from the date of conclusion. Contracts concluded by gambling organizers with sports entities or federations, which provide for the obligation of promotion in stadiums or gyms, do not fall under the scope of this article. Gambling organizers owe promotion tax for gambling activities. In the case of advertising contracts with the object of promoting gambling activities authorized on the territory of Romania, which are concluded by an entity that is not a gambling organizer, the fee is owed by the provider of advertising services, according to the contract. The tax for the promotion of gambling activities represents 5% of the value of the mentioned advertising contracts and will be paid to the state budget by the 25th of the month following the one in which the advertising contract was concluded. In the case of contracts that provide for periodic payments to the provider, the fee payment obligation becomes due on the last day of the month in which the periodic contractual rate is due. The amount owed is calculated by the tax payers and declared, until the payment deadline, in the tax declaration submitted to the competent tax authority. The model and content of the declaration are approved by order of the president of the National Tax Administration Agency, within 30 days from the date of entry into force of this ordinance. For ongoing advertising contracts, the prescribed fee shall be declared and paid within a maximum of 30 days from the effective date of the order. Advertising, publicity or any other marketing activities regarding gambling in open public spaces or for which there is no license and authorization, according to this emergency ordinance, constitutes a misdemeanor and is punishable by a fine from 50,000 lei to 100,000 lei, confiscation of the proceeds from the contravening activity and, as the case may be, revocation of the license. Opinions are requested from: a) the Commission for human rights, religions and the problems of national minorities, the commission that approved this draft law; b) Commission for public administration and territorial development; c) Commission for entrepreneurship and tourism. A report is also requested from: a) the Commission for economic policy, reform and privatization; b) Commission for budget, finance and banks; c) Commission for industries and services; d) Education Commission; e) Commission for culture, arts, mass media; f) Legal, disciplinary and immunities commission. The exceeded deadline for submitting the report was 12.04.2023 and from the Government of Romania no point of view was attached with reference to this draft law.
